Assifuah v. United States of America
| United States of America |
| Francis Assifuah |
| 1:2020cv06163 |
| August 6, 2020 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Analisa Torres |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #11 Order on Motion to Appoint Counsel, to Francis Assifuah at 18 E. Basic Rd., Henderson, NV 89015. (dsh) |
Filing 11
ORDER denying without prejudice #10 Motion to Appoint Counsel. Francis Assifuah ("Assifuah") appealed from the judgment of conviction entered in the case bearing docket number 15-CR-616. The appeal was determined to be untimely. The Second Circuit Court of Appeals remanded the matter to this court, directing that the appeal be converted to a 28 U.S.C. 2255 motion. Assifuah requests that the Court appoint counsel to assist him with the 2255 motion. See, Docket Entry No. 10, in the case bearing docket number 20-CV-6163. Assifuah explains that he seeks appointment of counsel because he "believes the claims Assifuah intends to raise [through the 2255 motion] are complex and would require skilled lawyers to litigate the matter." Title 28 U.S.C. 2255(g) explains that a "court may appoint counsel" to assist a person who has made a motion pursuant to 2255. However, it is unclear to the Court what claims Assifuah "intends to raise" through the 2255 motion. Therefore, the Court cannot assess, at this juncture, whether exercising its discretion to appoint counsel to assist Assifuah is warranted. As a consequence, Assifuah's motion for appointment of counsel, Docket Entry No.10, is denied, without prejudice. The Clerk of Court is directed to mail a copy of this order to the movant. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/1/2020) (mro) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 MOTION FOR APPOINTMENT OF COUNSEL. Document filed by Francis Assifuah.(sc) |
| Re-Mailed a copy of #4 Order to Answer, #8 FRCP 4 Service Package to Francis Assifuah, #0001242821, at 18 E. Basic Rd. Henderson 89015. (bwa) |
| Filing 9 PRO SE MEMORANDUM, dated 9/23/20 re: CHANGE OF ADDRESS for Francis Assifuah. New Address: #0001242821, 18 E. Basic Road, Henderson,NV 89015. (sc) Modified on 9/25/2020 (sc). |
| Received returned mail re: #4 Order to Answer, #8 FRCP 4 Service Package. Mail was addressed to Francis Assifuah 53229048 at Moshannon Valley CI, 555 Geo Drive, Philipsburgh, PA 16866 and was returned for the following reason(s): Return to Sender, Not Deliverable as Addressed, Unable to Forward, No Longer Here. (bwa) |
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Filing 8
FRCP 4 SERVICE PACKAGE MAILED to Francis Assifuah, at Moshannon Valley CI 555 Geo Drive Philipsburgh, PA 16866, on 8/12/2020 Re: #4 Order to Answer, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (sbr)
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| Filing 7 NOTICE OF APPEARANCE by Olga I Zverovich on behalf of United States of America..(Zverovich, Olga) |
| Filing 6 SUPPLEMENT to #1 Motion to Vacate/Set Aside/Correct Sentence (2255). Document filed by Francis Assifuah. (sac) |
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Filing 5
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Analisa Torres on 8/11/2020) (kv)
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Filing 4
ORDER TO ANSWER, 28 U.S.C. 2255: The Court, having concluded that the motion brought under 28 U.S.C. 2255 should not be summarily dismissed as being without merit, hereby ORDERS that: The Clerk of Court shall file a copy of Movant's June 27, 2018, motion for reconsideration, 1: 15-CR-616-9 (ECF No. 723), as a supplement to Movant's converted 2255 motion in the civil action under docket number 20-CV-6163 (AT). The Clerk of Court shall electronically notify the Criminal Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. By October 12, 2020, the U.S. Attorney's Office shall file an answer or other pleadings in response to the motion. Movant shall have thirty days from the date on which Movant is served with Respondent's answer to file a response. Absent further order, the motion will be considered fully submitted as of that date. All further papers filed or submitted for filing must include the criminal docket number and will be docketed in the criminal case. SO ORDERED. (Responses due by 10/12/2020) (Signed by Judge Analisa Torres on 8/11/2020) (kv) Transmission to Office of the Clerk of Court for processing. Transmission to Pro Se Assistants for processing.
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 15-cr-616 (AT).Document filed by Francis Assifuah. (Attachments: #1 Exhibit).(rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) |
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| Petitioner: Francis Assifuah | |
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| Defendant: United States of America | |
| Represented By: | Olga I Zverovich |
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